When making a parenting Order, the paramount consideration that the Court must take into account is what is in the child’s best interests.
When can my child decide who to live with?
This is one of the most common questions that family lawyers are asked by parents who are separated.
The Family Law Act 1975 and case law does not define the age for when children can decide who they live with. Generally, Courts are more likely to give greater weight to adolescent children’s views and wishes, in light of their developmental maturity in comparison to younger children. However, all family law matters are determined on a case-by-case basis and even the views of teenagers are not determinative.
Are children's wishes taken into account in Family Law proceedings?
Children are entitled to have their views heard and considered as part of the decision making undertaken by Courts in determining their future living arrangements. The Family Law Courts offer a number of avenues for children to express their views. The paramount consideration is the best interests of the children. This does not always align with their wishes.
What do I do next?
When a marriage or a de facto relationship ends, there are a lot of emotions being felt by both parties and those around them. There can be feelings of guilt, relief, anger and despair. These are all a very important part of the grieving and recovery process. As well as dealing with these emotions there are often questions about when issues of care arrangements for children, property settlement or divorce can be dealt with.